Public Procurement: Shaping New Law into Solution-Focused Advice for Clients

  • Mon 29th November 2021 until Fri 8th April 2022
  • London
  • 5 hrs 30 mins CPD

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So you know what to expect, here is a clip of Fionnuala McCredie QC. Fionnuala is answering the question: How marked is the shift in approach to transparency and full disclosure from the outset, including possible breaches of confidence or prejudicing retenders?

On-demand Programme

  1. Registration and coffee

  2. Chair's Introduction

    Public Procurement: Shaping new law into solution-focused advice for clients

    Chaired by: Ciara Kennedy-Loest of Hogan Lovells

    Ciara is "pre-eminent"- a "Global Procurement Lawyer of the Year" - and a superb public speaker. She acted for ALSTOM over Eurostar's award of a £600m contract for Channel Tunnel rolling stock.

  3. Panellists

    • Christopher Vajda QC, the UK judge at the European Court of Justice from 2012 until the UK's withdrawal from the EU in January 2020
    • Dr Totis Kotsonis, a Specialist Adviser to the European Commission on Procurement and a global elite "thought leader" for government contracts

    Christopher and Totis will impart practical solutions, take questions and comment on the talks throughout.

  4. Procurement regime

    How potent are the new flexibilities in the national procurement strategy and pipeline legislation?

    How can you expect clients to react practically?

    Answered by: Jonathan Davey of Addleshaw Goddard

    Jonathan is co-editor of "Government Procurement Review" and a Government Contracts Lawyer of the Year. He is advising the Houses of Parliament on its multi-million-pound refurbishment project.

  5. Transparency

    How marked is the shift in approach to transparency and full disclosure from the outset, including possible breaches of confidence or prejudicing retenders?

    Answered by: Fionnuala McCredie QC

    Fionnuala "an absolute star" - "superb" - "her grasp of the law is phenomenal." She appeared in the hotly-contested Rail Franchising litigation brought by Stagecoach, Virgin and Arriva.

  6. Morning coffee

  7. Remedies

    Will clients be at a greater risk of challenge under the new rules?

    How do you support client objectives, and how will remedies work in practice?

    Answered by: Michael Bowsher QC

    Michael is "the UK's most prominent procurement silk" – "unmatched in his knowledge." He acted in Mitie Limited v Secretary of State for Justice over a facilities management contract award.

  8. Frameworks

    How open to challenge is the typical framework because its value is exhausted following the ECJ's recent decision?

    Are UK courts going to take an equally strict approach?

    Answered by: Valentina Sloane QC

    Valentina is "a star performer - tough, tenacious, brilliant and compelling." She acted in the Brexit ferry case over contract awards to ferry companies by the Secretary of State for Transport.

  9. Lunch

  10. Award notices

    Cutting through all the opinions, when is it reasonable to make a direct contract award, e.g. pandemic, lack of market competitors, public sector economic constraints?

    Answered by: Sarah Hannaford QC

    Sarah's skill in procurement law is "brilliant and unparalleled." "Her advice is razor-sharp.." She defended the Ministry of Defence over a £1bn procurement of military fire and rescue services.

  11. Social value

    To what extent can social value be legitimately and fairly weighted in evaluating tender submissions and its delivery imposed?

    To what lengths do you go?

    Answered by: Nigel Giffin QC

    Nigel is "a leading light, incredibly astute: completely at the top of his game." He acted in the challenge over the creation of the Haringey Development Special Purchase Vehicle.

  12. Afternoon tea

  13. Modifications

    What is a modification's permitted scope, value and period, where an extension has already been made to the original contract terms?

    Answered by: Jason Coppel QC

    Jason is "one of the UK's top-performing procurement QCs." He acted in the litigation over the Government's failure to publish contracts awarded for PPE and other pandemic related supplies.

  14. View from the bench

    What is the direction of travel for procurement cases in the UK?

    Answered by: The Hon. Mrs Justice O’Farrell DBE

  15. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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Additional clips from Public Procurement

Sarah Hannaford QC on Award notices

Nigel Giffin QC on Social value

Jonathan Davey on Procurement regime

Jason Coppel QC on Modifications

The Hon. Mrs Justice O’Farrell DBE giving a view from the bench